Manlove v. State, No. 30846

Docket NºNo. 30846
Citation235 N.E.2d 62, 250 Ind. 70, 12 Ind.Dec. 494
Case DateMarch 25, 1968
CourtSupreme Court of Indiana

Page 62

235 N.E.2d 62
250 Ind. 70
Edward MANLOVE, Appellant,
v.
STATE of Indiana, Appellee.
No. 30846.
Supreme Court of Indiana.
March 25, 1968.

[250 Ind. 72]

Page 63

Hall Cochrane, Indianapolis, for appellant.

John J. Dillon, Atty. Gen., R. Robert Yeager, Deputy Atty. Gen., for appellee.

HUNTER, Judge.

The Attorney General, in his petition for rehearing, complains that this Court has altered its standard for reviewing the sufficiency of the evidence by the opinion heretofore filed.

The question with which this Court concerned itself was whether any reasonable man could have concluded from the evidence that there was sufficient substantial evidence of probative value to support a finding of guilty beyond a reasonable doubt. In order to answer that question in a case where all the evidence is circumstantial, we were required to ask ourselves whether any reasonable man could have concluded from the evidence that every reasonable hypothesis of innocence was excluded.

Each paragraph of the Court's opinion must be read in context with every other paragraph. When that is done, it will be seen that the standard of this Court in reviewing the sufficiency of the evidence to support a criminal conviction has not changed. On appeal, in order to affirm such a conviction as based upon sufficient evidence, this Court must find that there is substantial evidence of probative value from which a jury could reasonably find or infer the existence of each material element beyond a reasonable doubt. If reasonable men might differ as to whether the evidence most favorable to the State is sufficient, the verdict of the jury will stand. Only where no reasonable man could be convinced of defendant's guilt beyond a reasonable doubt will the verdict and judgment be reversed for insufficient evidence. Baker v. State (1956), 236 Ind. 55, 138 N.E.2d 641; Easton v. State (Ind.1967) 228 N.E.2d 6.

The standard set forth in the above paragraph also appears in the original opinion in this case. Therefore, it is clear that [250 Ind. 86] the original opinion made no change in the law of Indiana relative to appellate review of the sufficiency of the evidence. The voids in the evidence in this case compelled the result which we reached.

Rehearing denied.

LEWIS, C.J., and ARTERBURN, JACKSON and MOTE, JJ., concur.

To continue reading

Request your trial
20 practice notes
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...N.E.2d 657 [Justices Givan and Arterburn dissenting] and Manlove v. State, (1968) 250 Ind. 70, 232 N.E.2d 874, reh. denied 250 Ind. 70, 235 N.E.2d 62. In Manlove, the defendant and the deceased were seen together in public leaving a tavern and the deceased subsequently was found dead in a c......
  • Briscoe v. State, No. 1-1077A238
    • United States
    • Indiana Court of Appeals of Indiana
    • May 2, 1979
    ...the appellate process to an exercise in impotent and meaningless futility. See Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, 235 N.E.2d 62; Baker v. State (1956), 236 Ind. 55, 138 N.E.2d The State did prove that Briscoe had a nonexclusive opportunity to commit the crime but that it ......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...could be proved only by circumstantial evidence. In Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, on rehearing 250 Ind. 85, 235 N.E.2d 62, we clarified the prerogative and responsibility of this Court upon a claim that the verdict is not sustained by sufficient evidence. Justice Hun......
  • Matthew v. State, No. 172A49
    • United States
    • Indiana Court of Appeals of Indiana
    • November 21, 1972
    ...State, 1897, 148 Ind. 519, 521, 47 N.E. 930.' (emphasis added) Justice Hunter, in Manlove v. State, 250 Ind. 70, 84, 232 N.E.2d 874, 882, 235 N.E.2d 62 (1968), states as 'A verdict based merely upon suspicion, opportunity, probability, conjecture, speculation, and unreasonable inferences of......
  • Request a trial to view additional results
20 cases
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...N.E.2d 657 [Justices Givan and Arterburn dissenting] and Manlove v. State, (1968) 250 Ind. 70, 232 N.E.2d 874, reh. denied 250 Ind. 70, 235 N.E.2d 62. In Manlove, the defendant and the deceased were seen together in public leaving a tavern and the deceased subsequently was found dead in a c......
  • Briscoe v. State, No. 1-1077A238
    • United States
    • Indiana Court of Appeals of Indiana
    • May 2, 1979
    ...the appellate process to an exercise in impotent and meaningless futility. See Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, 235 N.E.2d 62; Baker v. State (1956), 236 Ind. 55, 138 N.E.2d The State did prove that Briscoe had a nonexclusive opportunity to commit the crime but that it ......
  • Shutt v. State, No. 1076S358
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1977
    ...could be proved only by circumstantial evidence. In Manlove v. State (1968), 250 Ind. 70, 232 N.E.2d 874, on rehearing 250 Ind. 85, 235 N.E.2d 62, we clarified the prerogative and responsibility of this Court upon a claim that the verdict is not sustained by sufficient evidence. Justice Hun......
  • Matthew v. State, No. 172A49
    • United States
    • Indiana Court of Appeals of Indiana
    • November 21, 1972
    ...State, 1897, 148 Ind. 519, 521, 47 N.E. 930.' (emphasis added) Justice Hunter, in Manlove v. State, 250 Ind. 70, 84, 232 N.E.2d 874, 882, 235 N.E.2d 62 (1968), states as 'A verdict based merely upon suspicion, opportunity, probability, conjecture, speculation, and unreasonable inferences of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT